Disobeying an nco

If the soldier commits an offense off post, the civilian police will usually investigate. Military police normally investigate on-post offenses. If an offense is minor, such as a soldier disobeying an order or being late for unit formation, a unit NCO or officer will report it to the unit commander. As the company commander, you must conduct a preliminary investigation and make the initial decision about how the case should be handled, no matter how the command reviews the information.

Disobeying an nco

Except in a summary court- martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection d.

In a summary court-martial case, such submission shall be made within seven days after the sentence is announced. Such a waiver must be made in writing and may not be revoked.

For the purposes of subsection c 2the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.

Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority. Subject to regulations of the Secretary concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection b or after the time for submitting such matters expires, whichever is earlier.

The convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. However, such person, in his sole discretion, may-- A dismiss any charge or specification by setting aside a finding of guilty thereto; or B change a finding Disobeying an nco guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of his recommendation.

The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection b.

Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. In no case, however, may a proceeding in revision-- A reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; B reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or C increase the severity of some article of the sentence unless the sentence prescribed for the offense is mandatory.

If such a person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings.

FM Chptr 3 The Preliminary Investigation

A rehearing as to the sentence may be ordered if the convening authority or other person taken action under this subsection disapproves the sentence.

Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under sections c of this title article 60 c is served on the accused or on defense counsel.

However, the United States may not appeal an order or ruling that is, or amounts to, a finding of not guilty with respect to the charge or specification. Such notice shall include a certification by the b An appeal under this section shall be forwarded by means prescribed under regulations of the President directly to the Court of Military Review and shall, whenever practicable, have priority over all other proceedings before that court.

In ruling on an appeal under this section, the Court of Military review may act only with respect to matters of law, notwithstanding section c of this title article 66 c.

Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with pretrial agreement, the sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

A judge advocate may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following: For the purpose of reviewing court- martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection f.

Any decision of a panel bay be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Military Review may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or the highest court of a State.

The Judge Advocate General shall designate as trial counsel that appeal is not taken for the purpose of delay and if the order or ruling appealed is one which excludes evidence that the evidence is substantial proof of a fact material in the proceeding.

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In ruling on an appeal under this section, the Court of Military Review may act only with respect to matters of law, notwithstanding section c of this title article 66 c. The Court of Military Appeals shall act upon such a petition promptly in accordance with the rules of the court.

In a case which the Judge Advocate General orders sent to the Court of Military Appeals, that action need be taken only with respect to the issues raised by him.

In a case reviewed upon petition of the accused, that action need be taken only with respect to issues specified in the grant of review. The Court of Military Appeals shall take action only with respect to matters of law. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

Otherwise, unless there is to be further action by the President or the Secretary concerned, the Judge Advocate General shall instruct the convening authority to take action in accordance with that decision.

If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges. The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Military Appeals in refusing to grant a petition for review.

UCMJ Sub Chapter

The branch office shall be under an Assistant Judge Advocate General who, with the consent of the judge Advocate General, may establish a Court of Military Review with one or more panels. That Assistant Judge Advocate General and any Court of Military Review established by him may perform for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Military Review established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the President.Technically, yes he can.

Traditionally, the NCO would prepare the counseling statement and talk with the squad leader and both leaders would be present during the counseling or the squad leader would take the counseling statement and counsel the offending Soldier.

(a) In each case subject to appellate review under section or (a) of this title (article 66 or 69(a)), except a case in which the sentence as approved under section (c) of this title (article 60(c)) includes death, the accused may file with the convening authority a statement expressly waving the right of the accuse d to such review.

Note: For (1) and (2), above, the punishment set forth does not apply in the following cases: if in the absence of the order or regulation which was violated or not obeyed the accused would on the same facts be subject to conviction for another specific offense for which a lesser punishment is prescribed; or if the violation or failure to obey is a breach of restraint imposed as a result of an.

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UCMJ Article Assaulting or Willfully Disobeying a Superior Officer

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Disobeying an nco
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